Ashworth v. KB Orthopedics, Inc. et al
Plaintiff: Robert Ashworth
Defendant: KB Orthopedics, Inc., Karl Buhr, Medical Device Business Services, Inc., DePuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Johnson & Johnson and John Does 1-10
Case Number: 9:2022cv00161
Filed: September 23, 2022
Court: US District Court for the District of Montana
Presiding Judge: Dana L Christensen
Referring Judge: Kathleen L DeSoto
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 24, 2023 Filing 23 NOTICE - Receipt Confirmation (SGN)
October 13, 2023 Filing 22 Remand Letter (SGN)
October 13, 2023 Opinion or Order Filing 21 ORDER REMANDING CASE to the Eleventh Judicial District Court of Montana, Flathead County. Signed by Judge Dana L. Christensen on 10/13/2023. (ASG)
July 17, 2023 Filing 20 FINDINGS AND RECOMMENDATIONS re #5 Complaint filed by Robert Ashworth and #19 Unopposed MOTION to Expedite Motion for Status Conference or Stay of the Schedule filed by Robert Ashworth. Signed by Magistrate Judge Kathleen L. DeSoto on 7/17/2023. (APP)
July 17, 2023 Filing 19 Unopposed MOTION to Expedite Motion for Status Conference or Stay of the Schedule. Jory C. Ruggiero appearing for Plaintiff Robert Ashworth. Motions referred to Kathleen L. DeSoto. (Attachments: #1 Text of Proposed Order Order Staying the Schedule and Order Setting Telephonic Status Conference) (Ruggiero, Jory)
January 19, 2023 Filing 18 Brief/Response to Order re #16 Scheduling Order, filed by Robert Ashworth. (Attachments: #1 Exhibit Exhibit 1 Notice of Removal, #2 Exhibit Exhibit 2 Murphy Order) (Ruggiero, Jory)
January 19, 2023 Filing 17 Brief/Response to Order re #16 Scheduling Order, filed by DePuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit 1 -- Murphy Order) (Davis, Maxon)
November 29, 2022 Opinion or Order Filing 16 SCHEDULING ORDER: Final Pretrial Conference set for 5/2/2024 at 02:30 PM in Missoula, MT before Judge Dana L. Christensen. Jury Trial set for 5/13/2024 at 09:00 AM in Missoula, MT before Judge Dana L. Christensen. Amended Pleadings due by 12/27/2022. Discovery due by 12/1/2023. Motions due by 1/26/2024. Proposed Pretrial Order due by 4/25/2024. See Order for additional details. Signed by Magistrate Judge Kathleen L. DeSoto on 11/29/2022. (SGN)
November 29, 2022 Filing 15 Minute Entry for proceedings held before Magistrate Judge Kathleen L. DeSoto: Preliminary Pretrial Conference held on 11/29/2022 via Zoom. Jory Ruggiero appeared on behalf of the Plaintiff. Maxon Davis appeared on behalf of the Defendants. Written order to follow. (Court Reporter FTR Gold.) (Hearing held in Missoula) (SGN)
November 22, 2022 Filing 14 PRELIMINARY PRETRIAL STATEMENT by Karl Buhr, DePuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., KB Orthopedics, Inc., Medical Device Business Services, Inc.. (Davis, Maxon)
November 22, 2022 Filing 13 STATEMENT OF STIPULATED FACTS by Robert Ashworth. (Ruggiero, Jory)
November 22, 2022 Filing 12 PRELIMINARY PRETRIAL STATEMENT by Robert Ashworth. (Ruggiero, Jory)
November 9, 2022 Filing 11 JOINT DISCOVERY PLAN by Robert Ashworth. (Ruggiero, Jory)
October 25, 2022 Opinion or Order Filing 10 ORDER. The preliminary pretrial conference scheduled for November 29, 2022 at 11:00 a.m. will be conducted by Zoom. Signed by Magistrate Judge Kathleen L. DeSoto on 10/25/2022. (TXB) Modified on 10/27/2022 to reflect Zoom info emailed to counsel (APP).
October 24, 2022 Opinion or Order Filing 9 Order Withholding Consent. Consent to the jurisdiction of the U.S. Magistrate Judge having been either withheld or met with objection, this case remains ASSIGNED to the Honorable Judge Christensen. The case remains REFERRED to the Honorable Judge DeSoto. Signed by Judge Dana L. Christensen on 10/24/2022. (APP)
October 11, 2022 Filing 8 Corporate Disclosure Statement by DePuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc. identifying Corporate Parent Johnson and Johnson for DePuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc... (Davis, Maxon)
October 11, 2022 Filing 7 ANSWER to #5 Complaint with Jury Demand , ANSWER to #5 Complaint with Jury Demand by DePuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Davis, Maxon)
October 3, 2022 Filing 6 STATE COURT DOCUMENTS (APP)
October 3, 2022 Filing 5 STATE COURT COMPLAINT against All Defendants, filed by Robert Ashworth. (APP)
October 3, 2022 Filing 4 Service of Consent to Magistrate Judge as Presiding Judge form. Consent/Objection to USMJ Form due by 10/17/2022. (APP)
October 3, 2022 Filing 3 ANSWER to Complaint with Jury Demand by Karl Buhr, KB Orthopedics, Inc.. (Davis, Maxon)
September 26, 2022 Opinion or Order Filing 2 PRELIMINARY PRETRIAL CONFERENCE ORDER Preliminary Pretrial Statement due by 11/22/2022. Joint Discovery Plan due by 11/22/2022. Statement of Stipulated Facts due by 11/22/2022. Pretrial Conference set for 11/29/2022 at 11:00 AM in Missoula, MT before Magistrate Judge Kathleen L. DeSoto. Signed by Magistrate Judge Kathleen L. DeSoto on 9/26/2022. (TXB)
September 23, 2022 Filing 1 NOTICE OF REMOVAL by Medical Device Business Services, Inc., Johnson & Johnson, DePuy Synthes Sales, Inc., Johnson & Johnson Services, Inc. from Montana Eleventh Judicial District, Flathead County, case number DV-15-2022-0000713-PL. (Attachments: #1 Exhibit Complaint, #2 Exhibit Buhr Declaration, #3 Exhibit Pleadings, #4 Civil Cover Sheet) (TAG)
September 23, 2022 Filing fee: $ 402, receipt number AMTDC-2940180 (TAG)

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Search for this case: Ashworth v. KB Orthopedics, Inc. et al
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Plaintiff: Robert Ashworth
Represented By: Jory C. Ruggiero
Represented By: Maxwell E. Kirchhoff
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Defendant: KB Orthopedics, Inc.
Represented By: Maxon R. Davis
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Defendant: Karl Buhr
Represented By: Maxon R. Davis
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Defendant: Medical Device Business Services, Inc.
Represented By: Maxon R. Davis
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Defendant: DePuy Synthes Sales, Inc.
Represented By: Maxon R. Davis
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Defendant: Johnson & Johnson Services, Inc.
Represented By: Maxon R. Davis
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Defendant: Johnson & Johnson
Represented By: Maxon R. Davis
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Defendant: John Does 1-10
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